Managing Information Risk and Archiving Social Media
As originally published in Forbes on September 28, 2011. Imagine a simple scenario. Jane Doe, a disgruntled employee at a multi-billion dollar mineral spring water company (A), sends out the following tweet from her work station and the marketing department’s Twitter account, which she is authorized to use. Senior Management here at (A) is telling industry analysts.. read more →
FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest
The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under.. read more →
The Dodd-Frank Act’s Robust Whistleblowing Incentives
As originally published in Forbes (Apr. 14, 2011). The Securities Exchange Commission (“SEC”) settled three securities cases in July 2010 worth $550 million, $100million, and $75 million, respectively. Last year alone, the SEC and the Department of Justice (“DOJ”) settled three cases involving claims of corruption under the Foreign Corrupt Practices Act (“FCPA”). Those cases.. read more →
Protecting Your Corporation Against FCPA Liability in Mergers & Acquisitions
As originally published in Forbes (Mar. 28, 2011). The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the United States, from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official.. read more →
Zero Tolerance: The Race To The Top of Anti-Corruption and Stringent Government Enforcement of the Foreign Corrupt Practices Act (“FCPA”)
As originally published in Forbes (Mar. 15, 2011). I argued recently that corporations must not only implement stringent anti-corruption policies, but also “race to the top” in light of predicted stricter enforcement of the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”) and this May’s taking effect of the UK Bribery Act, the new international.. read more →
How and Why General Counsel Must Move Up the Ladder When They Suspect Senior Management of Wrongdoing
As originally published in The American Lawyer’s Corporate Counsel (Feb. 7, 2011). After five years as CEO at Hewlett-Packard Co., a company whose turnaround he was credited for, Mark Hurd resigned from HP in August following the discovery of inappropriate conduct that was deemed to have violated HP’s standards of business conduct. While the details of the.. read more →